Senior puisne judge Justice Qazi Faez Isa, who leads a three-member judicial commission tasked with investigating alleged audio clips leaked on social media, has adjourned the proceedings indefinitely following an order from the Supreme Court of Pakistan. The commission was formed by the federal government on May 20 to address concerns over the judiciary’s independence. However, the Supreme Court, headed by Chief Justice of Pakistan Umar Ata Bandial, intervened on Friday, suspending the commission’s proceedings and the government’s appointment notification. The court also halted the commission’s order to conduct open hearings and release its findings to the public.
During the hearing, Justice Isa referred to the Supreme Court’s “judicial order” and adjourned the meeting, prompting a written order detailing the proceedings. The order revealed that Attorney General for Pakistan Mansoor Usman Awan was requested to read out the previous day’s Supreme Court order. He confirmed that the commission had been listed as respondent No. 2 in Constitution petitions No. 14 and 15/2023 through its secretary. The written order stated that the commission’s proceedings were adjourned in light of the Supreme Court’s order.
Justice Isa questioned the AGP about the notice issued for the commission’s hearing, emphasizing that the Supreme Court rules require an order to be issued after hearing the respondents. He pointed out that none of the petitioners had appeared before the commission and expressed surprise that they held a press conference outside the court but failed to appear during the proceedings. The judge further questioned the AGP regarding the commission’s authority to conduct probes under Article 209 of the Constitution, highlighting the need to verify the authenticity of audio recordings before potentially affecting someone’s life.
Justice Isa insisted that the commission had clarified objections raised against it and criticized the AGP for not rejecting those objections during the court hearing. He stressed the importance of following the Supreme Court’s orders and code of conduct for lawyers. The judge also raised concerns about the privacy privilege and whether it would apply to a conversation where a lawyer asks a client for a bribe in the judge’s name. Justice Isa argued that the commission, established under the Commission of Inquiry Act, was obligated to perform its duties under the law and questioned the need for the chief justice’s consultation, noting that federalism could be undermined if such observations were upheld.
Furthermore, Justice Isa highlighted that high courts were not subordinate to the Supreme Court and asserted that the Supreme Court could only determine the legal value of high court decisions. He expressed frustration with the legal profession, stating that blaming judges had become an easy option and emphasizing the judges’ ethical authority without an army or police force. Justice Isa clarified that the commission had not reached the stage of investigating the audio leaks and called for the truth to be allowed to emerge.
Amid the proceedings, one of the witnesses, Abdul Qayyum Siddiqui, was asked to come forward, but it was noted that his second partner requested his statement be recorded once the team reached Lahore for a medical check-up. Justice Isa raised questions about privacy, highlighting the inconsistency of appearing on television shows to discuss one’s own audio recordings while advocating for privacy rights. The judge also inquired about the involvement of a Twitter account in leaking the alleged audio recordings but acknowledged that the proceedings could not continue due to the Supreme Court’s judicial order.